INTERPOL gave an unhelpful response to my request – what can I do?

05 Jan 2023, 53 mins ago

How can I get INTERPOL to provide information that is more helpful?

There may be situations where despite an individual making to INTERPOL a compliant request for information, INTERPOL has provided a response that is not helpful.  An INTERPOL response can be unhelpful on the basis that is unclear.  In some cases, INTERPOL’s response can even raise more questions than answers.  

However, in these circumstances, with expert legal advice, individuals can make a further request to INTERPOL to provide information that is more helpful.  This blog will explain how.

Background

Gherson’s extradition and INTERPOL team have previously written about how an individual can try to find out whether INTERPOL are processing data relating to them, and, specifically, whether the individual might be subject to a Red Notice, diffusion or other measure. 

The team have also written about how to request that INTERPOL stop processing data relating to individuals and request that INTERPOL remove any measures imposed.

Helpful INTERPOL responses

Generally speaking, a helpful INTERPOL response is one that relies on clear words to provide a definitive answer to the request made.

As such, following an individual’s request to INTERPOL as to whether INTERPOL are processing data relating to them, the individual would hope to receive a response that confirms one of the following:

            INTERPOL are processing no data relating to the individual.

            INTERPOL are processing data relating to the individual.

            INTERPOL have decided to restrict the communication of information.

A definitive response from INTERPOL as to any of the above should at least give the individual some peace of mind (for example, could influence a decision whether the individual wants to risk travel). 

In addition, the confirmation by INTERPOL of any of the above will give an individual something to target and focus on if the individual wants to make further requests to INTERPOL, including that INTERPOL stop processing data relating to them.

Unhelpful INTERPOL responses

However, what happens if an individual makes a compliant request to INTERPOL which is met with a response that is not helpful?

An unhelpful response from INTEPOL could include a response that does not definitively confirm any of the above three alternatives.

A response such as this is unhelpful, as individuals want an unequivocal response from INTERPOL.  Ultimately, individuals want to know in the first instance whether INTERPOL are processing data relating to them or not. It is frustrating when INTERPOL respond to compliant requests with a vague or unhelpful response.  Especially when INTERPOL respond in a way that leaves the situation remaining unclear for the individual.

How to deal with unhelpful responses

As such, for an often unbeknown reason, INTERPOL’s response will sometimes not confirm any of the three situations above and will be unhelpful.

In these circumstances, there are ways to respond tactically to INTERPOL that will hopefully then result in INTERPOL providing a more helpful response.  These could include:

Relying on the complex rules governing INTERPOL (e.g. the Statute of the Commission for Control of INTERPOL’s Files, the Constitution of INTERPOL’s Constitution and other applicable governing documents) to force INTERPOL to provide a more definitive response; and

Adopting a targeted but staged approach that will be more tactically astute, whilst also ensuring to keep costs to a minimum.

Upon receipt of an unhelpful INTERPOL response individuals are highly recommended to seek expert legal advice before making any further requests.

Gherson’s expert team have assisted individuals in this scenario and made successful follow-on requests to INTERPOL that have resulted in information that is more helpful.

How Gherson can help

Those who fear that they may be subject to INTERPOL measures, including a Red Notice, should always take heed.

Gherson Solicitors continue to receive requests for expert advice and assistance from those who fear they may have outstanding financial issues arising. That advice tackles:  

  1. How to best approach a possible INTERPOL red notice;
  2. Preparing for potential criminal proceedings / an extradition request;
  3. Preparing for a situation where a civil matter or commercial dispute could be used to initiate bogus criminal proceedings; and
  4. Even exploring the possibility of instigating civil litigation proceedings to recover any misappropriated assets.

Gherson have previously written a series of blogs designed to assist those who fear they might be subject to INTERPOL measures (including a Red Notice):

INTERPOL and Red Notice Challenges

How to Remove an INTERPOL Red Notice

INTERPOL Red Notices and Extradition

How do I know if I am subject to an INTERPOL Red Notice.

Gherson has over 30 years of experience in assisting with all aspects of INTERPOL, Red Notice challenges and extradition. If you would like to speak to us in respect of any of the issues raised in this video or about your specific circumstances,  do not hesitate to contact us for advice, send us an e-mail, or alternatively, follow us on TwitterFacebook, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

©Gherson 2023